Allowed

Ezajul Haque v. the State of Assam and Ors.

Gauhati HC15 Jun 2025WP(C)/3352/2025

Case brief

AI extract

What is this about?

Son of a declared illegal migrant detained in Matia Detention Centre sought a direction to be allowed to meet his father and obtain his signatures on documents for pursuing legal remedies. The court held access to legal remedy cannot be obstructed, directed the authorities to facilitate the meeting with family, and allowed the writ petition.

What did the court decide?

Directions to authorities to facilitate petitioner's meeting with father Babar Ali in Matia detention camp and permit signing of documents for legal remedies; family visits allowed.

Ezajul Haque Vs the State of Assam and Ors. — Bail and Remand | Gauhati HC (2025)

Page No.# 1/3

GAHC010129172025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3352/2025

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EZAJUL HAQUE

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S/O BABAR ALI R/O VILL GANDHARI PARA PO MECH PARA PS BARPETA ROAD DIST BARPETA ASSAM 781313

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VERSUS

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THE STATE OF ASSAM AND ORS

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REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT GUWAHATI 6

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2:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN 781313

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3:THE SUPERINTENDENT OF POLICE BORDER BARPETA ASSAM PIN 781313

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4:THE IN CHARGE

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DETENTION CENTRE/TRANSIT CAMP MATIA GOALPARA DIST GOALPARA ASSAM PIN 78312

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Advocate for the Petitioner : MR. A M AHMED, P. GHOSH,B DAS

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Advocate for the Respondent : GA, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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16-06-2025

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Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant petition is taken up for disposal at the motion stage itself.

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2. As per the facts projected the father of the petitioner, namely, Babar Ali was declared as illegal migrant from specified territories by the order dated 23.02.2024 in Case No. FT(C)761/2017 and since 28.05.2025, his father is detained in the Matia Detention Centre, Goalpara. The petitioner had visited the detention centre on 09.06.2025 and requested the In-Charge of the Centre to allow him to have an audience with his father and to obtain his signature on necessary documents/papers including Vakalatnama to pursue further legal remedies before the appropriate legal forum. However, it has been alleged that the petitioner has not been afforded the said opportunity. Accordingly, the present petition has been filed for a direction to allow the petitioner to meet his father and get his signature in the required documents to approach the appropriate legal forum.

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3. I have heard A. M. Ahmed, learned counsel for the petitioner. I have also heard Shri S. S. Roy, learned Government Advocate submits that since the prayer is limited, this writ petition may be disposed of directing the In-charge, Matia Detention Centre, Goalpara to allow the petitioner to meet the aforesaid detenus/ detenues and to obtain his signature and necessary papers for the purpose pursuing legal remedies.

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4. It is the right of every individual to seek legal remedy and no obstruction can be made for exercise of that right.

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Page No.# 3/3

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5. Considering the limited purpose for which this petition has been instituted, it is directed that the concerned authorities would facilitate the petitioner to have an audience with his father, namely, Babar Ali who is in the detention camp, Matia and afford him the opportunity to get the relevant documents signed by his father for the purpose of taking legal remedies. The authorities are further directed to allow the family members to meet the detenue in the detention camp.

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6. Writ petition accordingly stands allowed, in the manner indicated above.

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JUDGE

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Comparing Assistant

Ezajul Haque v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Ezajul Haque v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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